The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-24
D." CHANGE CARS :"
How This Invitation Was Extended to Mr..
Councill OF the Western & Atlantic.

WASHINGTON, July 23.-The Interstate-com,
merce Commission o-day gave a hearing in the
case of William H. Councill against the Western
e. Atlantic railroad. Councill is the colored
man who, having purchased first class ticket,
charges that he refused permission to ride in
a firstclass car, and was forced to go into the
smoking" car. The railroad company rep
resented by Julius L. Brown, of Atlanta, and
the complainant by John D. Brandon and Oscar
r. Hundley, of Huntsville.
Mr.. Brown interposed some objections to the
admission of certain depositions and during a
brief discussion which ensued Mr.. Brown stated
his purpose to enter a motion to throw out the
complaint upon the ground of lack of jurisdic-
ton, this being, he asserted, merely claim for
damages
The chairman, in reply. said the commission
would not sit here to try any mere question of
damages, but this was much more. Here were
charges of unjust discrimination against class
of citizens. If there were such case it ought
TO arise upon facts which open, public
and notorious and there ought to be diff
Guilty in regard to them. The objection being
overruled, the charges and responses were read.
The gist of the railroads reply is that the COM
painant went in to ladies' car in defiance of the
rules of the company and refused to go into the
other car. and that it was the passengers and
not the train men who assaulted him. The
answer admits the duty of the company to fur
nish equal accommodations for all first-class
passengers but it claims the right to classify
passengers either by the color line or otherwise.
After the reading of number of dispositions,
Mr.. Councill was sworn. He is intelligent
looking colored man, well-dressed self possessed
and ofagood address He is minister of the
gospel and principal of the State Normal school
at Huntsville In reply to inquiries by counsel,
he told the story of his election from the in
which he had taken his seat He entered the
without objection on the part Of any
He was told by some one whom he did not
ognize tranman that he must 60 forward,
to which he paid no attention. He finally
approached by two man, one of whom carried a
lantern and the other had his hand upon his hip
pocket. The man with the lantern seized wit
ness. hit him the head several times with
the lantern, cutting his head badly and break
ing the glass Witness appealed to the passen-
gers. but without avail. His assailants then
seized and carried him into the forward car
This car was very filthy and was full Of smoke.
Counsel for the respondent opened his side of
the case BY reading series of dispositions
From one by passenger named Whitsett. the
following appears to have been the way of Mr..
Couneils nvitation to change cars:"I walked for
ward tothe front end of the car, and told Mr.
Bivins, the fagman, that l wanted his lantern
minute. took it out of his hand then turned and
walked back to where Council was sitting, and told
him there was to be no morefoolishness; that 1
did not want to hurt him, but he had to 60 He
replied very insolently that he would not 60
and then grabbed him in the collar, and struck
him over the head with the lantern. Knocked
him out of his seat, and pulled him out. He fell
to the floor and he raised up he came towards
me. and let him have it again with the lantern
I hit him several times before conquered him,
and then rushed him right out of the into
the darkies' car He was willing to 60 by the
time got thr oueh with him."
The conductor of the train sworn,
and testified in substance that the col
ored that trip similar
in construction and appointments to the
ladies' car, except that one end was partitioned
off for a smoksr, and was in a little better con-
dition. If white man should enter the colored
the witness would request him to GO out, and
if he refused, witness would make him go. A
white man. unaccompanied by ladies, would be
compelled to enter the smoker. but after the
tain started he might 60 into the ladies' car if
there vacant seats This practice was in
compliance with bulletin orders of the road, but
the orders were not printed. The witness never
did put white man out of the ladies' car if he
behaved himself, and never heard OF it being
done. No lady on the train had requested it.
Council did not question the witness regarding
the assault, they understood from the COM
mission that that was not essential to the matter
of dscrirai nation.
The fisgman of the train was sworn and
roborated the conductor
Mr.. Brown submitted motion to dismiss the
case. both submitted printed briefs, and the
hearing ended. Defendants briefs are two in
number; the first maintaining the right of a rail-
road to classify the passengers on the color line;
the second discussing the question OF iuris-
diction. The complanants brief admitted the
right of classification, and maintains that it is
the duty of the railroad TO furnish equal facli-
ties and conveniences for the two races.